Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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vinny
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by vinny » Mon Jan 29, 2018 1:56 am
Try to get the appropriate documents from your employee, as
specified.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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zamanam
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by zamanam » Mon Jan 29, 2018 2:01 am
Hmm - He has already left (good terms) though I emailed him but no response so far...
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marcnath
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by marcnath » Mon Jan 29, 2018 2:02 am
zamanam wrote: ↑Mon Jan 29, 2018 1:51 am
thanks thats bad. Is there anything I can do now as I just have 6 months now left for extension?
You can ask the employee to apply for a passport now - they should get it before your application date.
Or they can apply for a UK registration card, which is an acceptable document, at
https://visas-immigration.service.gov.uk/product/eea-qp
The page says an EEA person DOES NOT NEED to apply for this, but neither does it say that they can't.
You possibly should offer to pick up the costs for either.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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marcnath
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by marcnath » Mon Jan 29, 2018 2:11 am
zamanam wrote: ↑Mon Jan 29, 2018 2:01 am
Hmm - He has already left (good terms) though I emailed him but no response so far...
OK. I realise either is tough if he has left and is not contactable
How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.
Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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kingraja
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by kingraja » Mon Jan 29, 2018 5:07 pm
marcnath wrote: ↑Mon Jan 29, 2018 2:11 am
zamanam wrote: ↑Mon Jan 29, 2018 2:01 am
Hmm - He has already left (good terms) though I emailed him but no response so far...
OK. I realise either is tough if he has left and is not contactable
How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.
Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.
I have done the same as Marcnath is advising you but I have also contacted ukvi help centre and they confirmed me that national ID cards for EU workers are acceptable form of ID to prove their nationality.
rajathegreat
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bizman
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by bizman » Mon Jan 29, 2018 8:33 pm
Despite the fact that there are lots of ambiguity in the Tier 1 rule. The rule and guide specifically spoke of the Treaty right that can be exercised by an EU citizen. This is the way a British citizen also exercise this right in any EU country until after Brexit. If any CW refuse either an ID card or passport of an EU citizen, such issue will constitute the break of the treaty, which gives an applicant right to sue the HO. I have however never seen any applicant they refused either EU ID or passport of their employee.
Bizman
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marcnath
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by marcnath » Tue Jan 30, 2018 1:56 am
marcnath wrote: ↑Mon Jan 29, 2018 2:11 am
zamanam wrote: ↑Mon Jan 29, 2018 2:01 am
Hmm - He has already left (good terms) though I emailed him but no response so far...
OK. I realise either is tough if he has left and is not contactable
How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.
Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.
In the last line, I meant to say " I think there is a good chance HO will
not accept."
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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vinny
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by vinny » Tue Jan 30, 2018 2:24 am
zamanam wrote: ↑Mon Jan 29, 2018 12:56 am
Many thanks - can we also use his polish residency card as he doesn't have a passport as EU people don't need passport to travel.
Was it a polish residency card or a polish nationality card?
Are they the same or different?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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zamanam
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by zamanam » Wed Jan 31, 2018 11:49 pm
HI Many thanks
It says polish ID card (I don't know the difference in polish ID card and resident permit)
Thanks
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zamanam
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by zamanam » Wed Jan 31, 2018 11:55 pm
Thanks all
kingraja wrote: ↑Mon Jan 29, 2018 5:07 pm
marcnath wrote: ↑Mon Jan 29, 2018 2:11 am
zamanam wrote: ↑Mon Jan 29, 2018 2:01 am
Hmm - He has already left (good terms) though I emailed him but no response so far...
OK. I realise either is tough if he has left and is not contactable
How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.
Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.
I have done the same as Marcnath is advising you but I have also contacted ukvi help centre and they confirmed me that national ID cards for EU workers are acceptable form of ID to prove their nationality.
Thanks I will try my luck!
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vinny
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by vinny » Thu Feb 01, 2018 1:57 am
A difficulty is that neither the
50(d) nor
caseworkers’ guidance specified identity cards as acceptable evidence of settled worker status.
However, the Policy Guidance for applicants has a link.
Included:
Acceptable right to work documents: an employer's guide wrote:D. Nationals from the European Economic Area (EEA) and their non EEA family members
EEA (and Swiss) Nationals
All nationals from European Economic Area (EEA) countries and Switzerland, with the exception of Croatia, are free to live and work in the UK. They may demonstrate their right to work through their EEA (or Swiss) passport or national identity document Examples of passports and national identity cards may be seen
here and you may accept an expired EEA or Swiss passport to establish the right to work (although check the photograph carefully against the physical image of the holder).
So, caseworkers may have discretion to accept EEA national identity cards as evidence of settled status. But you
may have to steer them in the right direction....
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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zamanam
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by zamanam » Thu Mar 01, 2018 2:24 pm
Thanks - How I can steer them in that director by referring to these legal points?
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vinny
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by vinny » Thu Mar 01, 2018 2:54 pm
Yes. By referencing their guidances.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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zamanam
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by zamanam » Thu Mar 15, 2018 5:11 pm
vinny wrote: ↑Thu Mar 01, 2018 2:54 pm
Yes. By referencing their guidances.
thanks